Terms and Conditions

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND VIRAL INTERACTIVE (C66828) WITH REGISTERED ADDRESS AT No 2, Geraldu Farrugia Street, Zebbug, ZBG4351, Malta.

WHEN USING THIS WEBSITE AND/OR REGISTERING AS AN AFFILIATE WITH VIRAL INTERACTIVE, YOU AGREE TO BE LEGALLY BOUND BY, AND COMPLY WITH, OUR TERMS AND CONDITIONS.

These Terms and Conditions shall replace any previous terms and conditions applicable to such contractual instrument determined between the Parties.

Definitions

Admin Fee

The value of free credits, fraud adjustments or cash handed out to Referred Players by the casino or any other direct costs incurred to maintain the loyalty of a Referred Player (e.g. the cost of a gift to a Referred Player).

Affiliate

You, the person (whether an individual or a company) who joins the Viral Interactive Affiliate Programme.

Affiliate Account

An account in the name of the Affiliate on MyAffiliates.

Affiliate Link/s

Internet hyperlinks used by the Affiliate to link the traffic from the third party website to the Viral Interactive website.

Affiliate Network

An individual and/or entity that sends traffic from other affiliates whom they have an agreed deal with, which is separate from Viral Interactive.

Affiliate Programme

The Affiliate Programme operated by Viral Interactive whereby the Affiliate promotes the Websites via Affiliate Links.

Affiliate Website/s

Any website/s on the world wide web which are maintained, operated or otherwise controlled by the Affiliate.

Applicable Law

All laws, statutes, regulations, edicts, by-laws, mandatory codes of conduct and mandatory guidelines, whether local, national, international or otherwise existing from time to time, which are legally binding on either Party and which are applicable to that Party's rights or obligations under this Agreement.

Balances Carried Over

In the calculation of commission where Net Win is negative due to the Customer winnings and/or Admin Fees etc, the said balance will be carried over to the following month unless otherwise stated in the affiliate agreement.

Chargeback

Any situation where a payment transaction is either revoked, incomplete or for which a credit is otherwise given. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.

Cost Per Acquisition

If you are enrolled in the Program on a Cost Per Acquisition (CPA) basis – acquired customers are determined as depositing players with total accumulated deposits at the Viral Interactive site reaching an agreed threshold.

Data Protection Laws

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC with national implementations as applicable ('GDPR') and Chapter 586 of the Laws of Malta ('MDPA') including any subsidiary legislation issued thereunder (as may be amended from time to time) and also, where applicable, the guidance and codes of practice issued by any relevant supervisory authority or similar authoritative entity.

Fraud

Any form of fraud committed by an Affiliate and/or a Referred Player, which in Our sole opinion, is purposely practiced by a Referred Player and/or an Affiliate in order to secure an unlawful gain, including but not limited to:

Fraud Costs

The costs incurred by Viral as a direct or indirect result of Fraud committed by you, your employees, business partners, Sub-Affiliates, Referred Players, and/or third parties linked to your Affiliate Account.

Gross Win

The total revenue generated by all Products as a result of all bets and/or deposits by Referred Players tagged to your affiliate account.

Markets

All markets in which Viral Interactive accepts traffic from.

MyAffiliates

A commercial platform used by both Viral and you to track your marketing campaigns and commission.

Net Win

Gross Win minus Bonuses, Progressive Contributions, Fraud Costs, Taxes, Admin fee and any other network fees.

Product/s

An online casino product for which professional services are rendered by the Group.

Referred Player

An individual who has registered for an account with Viral for the first time, directly through one of Your Affiliate Links.

Sub-Affiliate/s

An individual/corporate entity/organisation that you have a business relationship with and who operates for you with the purpose of driving traffic to Viral websites.

Terms and Conditions Version 1.2 12.06.2020

These terms and conditions, titled the 'Viral Interactive Affiliate Partner Terms and Conditions'.

1. Affiliate Appointment

The parties hereby agree that this Agreement will become binding on each of them at the point the Affiliate is approved to be a participant in the Viral Interactive Affiliate Program.

The Affiliate acknowledges and agrees that they are not an employee, agent or subcontractor of Viral Interactive Limited or any company in the same group of companies as Viral and is not connected in any way to a person or company which meets this definition.

2. Your Obligations as an Affiliate

2.1 Linking to Viral Websites

By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site to the websites that are owned and operated by Viral Interactive Limited.

You are not allowed to register for the Affiliate Programme if your Affiliate website is considered inappropriate.

Solely where it is necessary for Viral to ensure compliance, you shall permit Viral Interactive (or a person on Viral Interactive behalf) to reasonably audit your books, records, systems, data, marketing communication consents and other materials.

You shall take realistic steps to ensure the reliability and appropriate training of your employees, officers and representatives so that they understand the data protection and marketing requirements applicable to both the Affiliate and to Viral.

2.2 Spamming

Viral shall terminate this Agreement immediately and without possibility of recourse if any form of spamming or advertisement of Viral's services is executed in any other way other than the ones agreed upon. You have no authority to give warranties or claims of representation with Viral.

2.3 Registering of Domain Names

You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by Viral Interactive.

2.4 Bidding on Brand Terms

You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to Viral Interactive's trademarks or otherwise include the word “Viral Interactive” or related terms.

2.5 Agency Appointment

This Agreement does not grant you an exclusive right or privilege to assist Viral in the provision of services arising from your referrals.

2.6 Approved Layouts

You shall only use Viral's approved marketing materials (such as banners, html mailers, editorial columns, images and logos) and shall not alter their appearance nor refer to Viral in any promotional materials other than those that are available through your Affiliate Account. In particular please do not create a direct link to the promotional materials on www.viralcasino.com

All marketing materials shall follow the Market's rules and guidelines, according but not limited to:

Malta MGA: https://www.mga.org.mt/ Remote Gaming Regulations: http://www.mga.org.mt/wp-content/uploads/Remote-Gaming-Regulations-438.04_English-version.pdf https://www.mga.org.mt/wp-content/uploads/Gaming-Commercial-Communications-Regulations-2018.pdf
United Kingdom UKGC: http://www.gamblingcommission.gov.uk UKGC Marketing Rules: http://www.gamblingcommission.gov.uk/for-gambling-businesses/Compliance/General-compliance/Social-responsibility/Advertising-marketing-rules-and-regulations.aspx. The CAP Code: https://www.asa.org.uk/uploads/assets/uploaded/ce3923e7-94ff-473b-ad2f85f69ea24dd8.pdf The BCAP Code: https://www.asa.org.uk/uploads/assets/uploaded/b6a021eb-2525-40e1-9c44eb6eab1f6797.pdf ASA Guidance: Gambling Advertising: protecting children and young people: https://www.asa.org.uk/uploads/assets/uploaded/734c1499-850d-4d2f-88a441ffd1903b50.pdf We will not be held responsible for the accuracy or completeness of their contents.
Sweden https://www.spelinspektionen.se/globalassets/dokument/engelsk/oversatt-spellagen/english-lifs-2018_2-foreskrifter-och-allmanna-rad-om-spelansvar.pdf https://www.spelinspektionen.se/globalassets/dokument/engelsk/oversatt-spellagen/english-spellagen-sfs-201_1138.pdf https://www.spelinspektionen.se/globalassets/dokument/engelsk/oversatt-spellagen/english-spelforordning-sfs-2018_1475.pdf https://reklamombudsmannen.org/eng/shared-media/icc-advertising-and-marketing-communications-code-int.pdf

2.7 Good Faith

2.7.1. You will not knowingly benefit from known or suspected traffic that is not generated in good faith whether or not it actually causes Viral damage. Viral reserves the right to retain all amounts perceived due to you under this Agreement if Viral has a reasonable cause to believe that such traffic was not generated in good faith.

Viral also reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Viral Interactive offers or promotions whether with or without your knowledge.

2.7.2. Viral do not accept traffic that is aimed at children, promotes discrimination based on race, sex, religion, nationality, disability, promotes violence, includes pornographic or narcotic material, sexual orientation, age, promotes illegal activities, or violates any intellectual property rights of Viral or third parties.

It shall be your sole obligation to regularly monitor any and all of your networks and traffic sources to ensure full compliance with this Clause at all times.

2.7.3. You shall not receive any Fees or commission on your own player account registered with Us nor the accounts of your family members.

2.8 Responsibility for your affiliate site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. The Viral Interactive Affiliate Programme is intended for your direct participation. You shall not open Affiliate Accounts on behalf of other participants. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting Viral. Approval is solely at Viral's discretion.

2.9 Confidential Information

During the term of this Agreement, you may be trusted with confidential information relating to our business. You agree not to disclose any confidential information to third persons or outside parties or use this information for purposes out of the scope of this Agreement unless you have Viral's prior written consent. Your obligations with respect to confidential information shall survive the termination of this Agreement.

2.10 Data Protection

For the purposes of the Data Protection Act 2018, and the General Data Protection Regulation, Viral Interactive Limited remains the sole data controller. For the avoidance of doubt no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by this Agreement.

Nevertheless, by agreeing to participate in this Affiliate Programme you shall at all times comply with the Data Protection Act 2018, the General Data Protection Regulation, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and/or any other related or similar applicable legislation. Failure to do so will cause the termination of this Agreement with immediate effect.

Your data will be stored for the period of the contract and following the termination of the Agreement. You acknowledge that it may be needed for the performance of this Agreement to share your data, including your personal data, without limitation in order to grant or enforce the license to the Licensed IP and/or to process payments and manage the relations with the Affiliates.

At any time, you have the right to:

2.11. Anti Money Laundering Provision

You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities, the jurisdictions in which Viral operates have strict laws on money laundering and it is Viral's obligation to report to the federal and/or local authorities if it has a reason to suspect that any transactions which you are involved in either directly or indirectly are from illegal activities or are to facilitate criminal activity.

You shall comply fully and promptly with any anti-money laundering related requests.

2.12. Restricted Territories

Please note that individuals who are residents of, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Central African Republic, Chad, China, Costa Rica, Cook Islands, Colombia, Comoros, Congo, Democratic Republic of the Congo, Croatia, Cuba, Curacao, Czech Republic, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, France, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hungary, Indonesia, Iran, Iraq, Israel, Jamaica, Jordan, Kazakhstan, Kenya, North Korea, South Korea, Kiribati, Kyrgyzstan, Kosovo, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Mauritius, Mauritania, Mexico, Micronesia, Monaco, Moldova, Mongolia, Morocco, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Nigeria, Niger, Oman, Palau, Pakistan, Panama, Papua new Guinea, Paraguay, Philippines, Poland, Rwanda, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Zimbabwe, Singapore, Slovakia, Solomon Islands, Somalia, Sri Lanka, St. Kitts and Nevis, Sudan, South Sudan, Suriname, Swaziland, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, East Timor, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States of America, Uruguay, Uzbekistan, Vatican City, Vanuatu, Vietnam, Yemen, Zambia, or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed to register and play at any of the Viral Interactive sites.

Viral cannot accept any traffic coming from .nl sites, third party marketing specifically for The Netherlands and/or any marketing activities in Dutch.

Viral reserves the right to update this list at any time and to take legal measures against you, should you advertise Viral Interactive's websites to any individuals within the above-mentioned jurisdictions.

2.13 Copying of Sites or Theft of Site Content If it can be reasonably verified that Affiliate earnings have been lost due to an incident of copying theft from another Affiliate , Viral reserves the right to pay the damages from the revenue generated by the offending Affiliate. All complaints should be sent to [email protected] for investigation.

3. Your Warranties

By applying to be registered as an Affiliate, you warrant the following:

The information you provide Viral with upon registration is complete, valid and truthful, as is any other information you provide thereafter during the term of this Agreement;

In the event that you are not an individual, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such company/corporate entity/organisation;

Upon Viral's request, you are to provide any due diligence information, including but not limited to: proof of identity; incorporation documents; proof of address; company and/or group structure; verification documents regarding board members, directors, shareholders and beneficiaries; confirmation or otherwise of any political connections, sanctions, and adverse media; and any other corporate documents and/or certificates.

4. Affiliate Commission

4.1. Information on Commission

Please refer to your account on MyAffiliates for specific information regarding your commission.

Neither you nor your relatives are eligible to become Leads or Money Players under any of your commission plans and should you or they do so, you will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. The number of Leads per individual household computer is strictly limited to one. Viral's measurements and calculations in relation to the number of Money Players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal. Viral shall make the number of your Money Players and the relevant Gross Revenue figures available to you through the Affiliate information site that is located on your account. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Website(s) and the Sites are properly formatted throughout the term of this Agreement.

4.2 Calculation and Payment

4.2.1 During the term of the Affiliate Agreement, Viral shall pay you commission on a Revenue Share basis, based on Income generated by your referred players and through the continued promotion of Viral’s products and services. Your Revenue Share is calculated from the casino’s earnings of your referred players minus Viral’s game provider fee, bonuses (incl. paid loyalty), jackpot fees, regulator taxes, bank fees and chargebacks. By applying via this portal, the standard revenue share is 25%. If you would like to discuss other options, please contact us on [email protected]

If you are enrolled in the Program on a Cost Per Acquisition (CPA) basis, the following terms apply (where not agreed otherwise with you).

4.2.2 Viral Interactive will pay out an individually agreed upon CPA amount for acquired customers.

4.2.3 Acquired customers are determined as depositing players with total deposits up to an agreed amount at the Viral Interactive site.

4.2.4 Should the customer process a chargeback, the disputed or charged-back revenue generated by the Affiliate will be forfeited and therefore the CPA amount will not be paid to the Affiliate.

4.2.5 Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we will not consider these amounts as deposits.

4.2.6 Viral Interactive reserves the right to move CPA Affiliates into our revenue share program by giving the Affiliate a minimum of 24 hours' notice. Should the Affiliate not agree with this, the Affiliate may terminate the Agreement as set out in clause 5 of the Agreement.

4.2.7 Payments are settled every month, always one month in arrears.

4.2.8 The minimum commission pay-out that can be made to Your Affiliate Account is €100. In the case that your commission for the month is lower than €100, the amount is kept on the account, and will be paid out once a minimum of €100 is achieved.

4.2.9 If you are deemed in breach of your obligations, subject to you proving to our satisfaction that you were not in breach, Viral Interactive has the right to withhold and retain any payments due to you until you are deemed to comply with your obligations, and/or to deduct costs, expenses and damages suffered by Viral Interactive in connection with the breach of your obligations, and/or to wholly or partially forfeit, cancel and confiscate any and all Commission which would otherwise have been due to you and for the avoidance of doubt this includes any Commission which would otherwise have been earned by you in the future in respect of Affiliate's Customers referred by you prior to the breach of your obligations.

4.2.10: In cases where the affiliate Net Revenue for the month is negative, minus €4,000 or lower, and that affiliate has an individual Referred Player that has generated a negative Net Revenue of minus €5,000 or lower, Viral Affiliates reserve the right to place that specific player in Quarantine until such time that the specific player has generated sufficient Net Revenue in future months to offset the negative net revenue.

4.3 Calculation of revenue share

Viral reserves the right to change the commission model at any time with a 48 hours' notice.

4.4 Payment Options

Upon registration, you may select a payment method through your Affiliate Account. You may only choose from:

You have the right to submit for payment any unpaid amount due within 24 months of its effective date. Should you fail to send Viral an invoice, or otherwise fail to claim it within that time frame, such amount shall be written off and you will no longer have the right to claim it.

Viral aims to process the fees earned in the previous month by the 15th of the following month, however Viral shall not be liable to you in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.

You have the right to dispute or contest any amounts or Fees reflected in MyAffiliates which are due to you in 90 days. After 90 days, such amount shall be considered final and cannot be disputed or contested under any circumstance.

For the avoidance of doubt, wherever Viral suspects that you or a Referred Player has committed fraud, Viral reserves the right to deny you any payments related to the matter and/or terminate the agreement.

5. Term and Termination

5.1 Term

The term of this Agreement will commence on the date of approval by Viral Interactive of your registration in accordance with Clause 1 and shall continue until terminated on notice by either Party.

5.2 Termination

Viral Interactive may terminate this Agreement at any given time, without assigning any reason thereto, with such termination being effective immediately. Affiliates may terminate this Agreement at any given time, without assigning any reason thereto, by providing Viral Interactive with at least thirty (30) days' notice in advance. For the purposes of notification of termination, either Party shall notify the other in writing, and notification via e-mail will be considered as a written form of notification and the Agreement shall terminate accordingly.

5.3 Consequences of Termination

Upon termination of the Agreement the Affiliate must remove all references to the Viral Interactive Website from the Affiliate Website(s) and communications.

The Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however provided that Viral may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date.

6. Representation of Viral Interactive.

You shall not make any claims, representations, or warranties in connection with Viral Interactive or related companies, and you shall have no authority to, and shall not, bind Viral Interactive or its related companies to any obligations outside of this Agreement, unless agreed to in writing by Viral.

7. Governing Law

The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta.

8. Third Parties Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. For the avoidance of doubt, this Clause shall not apply to Affiliate Networks.

9. Force Majeure

Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such an event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented. In the case of the force majeure event subsisting for a period exceeding continuously thirty (30) days, either Party may terminate this Agreement with immediate effect by providing a written notice.